Terms of service

Terms of Service

Updated:  June 5, 2022

Introduction

Snocamp offers users information, data, and other content (“Content”), as well as product reviews, customer surveys, and other functionality and information (“Services”) through its website (“Website”) through which you can access the Content and Services.  This Terms of Service and the associated Privacy Policy apply to the Content and Services, as accessed through the Website. 

By accessing the Website, Content, or Services, or clicking a box for acceptance of this Terms of Service, you agree that you have reviewed and agree to this Terms of Service.  If you do not agree to this Terms of Service, you may not access or use the Website, Content, or Services.  Snocamp may update this Terms of Service or the associated Privacy Policy at any time and without notice.  When you access or use the Website, Content, or Services, you should check the current date for the Terms of Service.  Your continued use of the Website, Content, or Services following any changes of the Terms of Service is your acceptance of these changes.  Access to and use of the Website, Content, or Services will be governed by the Terms of Service in effect at the time of access or use.

Unless you have a separate written agreement with Snocamp, this Terms of Service forms the complete and exclusive agreement between you and Snocamp, and supercedes any prior agreement and any communication between you and Snocamp related to your use of the Website, Content, or Services.

Unless otherwise indicated on our Website or other communication, the Website, Content, and Services, including but not limited to Snocamp logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Snocamp or our licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Website, Content, and Services, for your own personal, non-commercial use. Such license is subject to your compliance with the Terms of Service and does not include the right to engage in: (a) any resale or commercial use of the Website, Content, or Services; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Website, Content, or Services, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, Content, or Services or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Content other than for their intended purposes. Any use of outside the scope of the license granted herein, without the prior written permission of Snocamp, is strictly prohibited and will result in automatic termination of the license granted herein. Such prohibited use in violation of the license granted may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms or Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time at Snocamp’s sole discretion.

 

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Website, Content, or Services. You also agree to abide by any rules or policies governing your use of our Sites and that you will not:

  • Use the Website other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
  • Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • Develop or use any third-party applications that interact with User Content or our Sites without our prior written consent;
  • Use the Website in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
  • "Frame" our Website or other communications or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.

Snocamp has no obligation to monitor any user conduct on the Sites, but Snocamp reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.

 

User Content

Users may be able to post content in certain areas on the Properties or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Properties or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, and sub-licensable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms.

You represent and warrant that: (a) you own the User Content posted by you on the Properties or otherwise have the right to grant the license set forth in this section; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; (c) the posting of User Content on the Properties does not result in a breach of any contract between you and a third party; (d) your User Content is not false, misleading, or inaccurate; (e ) is not an advertisement or solicitation; (f) is libelous, defamatory, abusive, pornographic, or invades the privacy of another, and; (g) does not violate any applicable rule, law, or regulation.

You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Properties. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

 

Third Party Sites

The Website, Content, or Services may contain links to third-party sites or content that are not owned or controlled by Snocamp.   Snocamp is not responsible for any content or function on linked sites or contents and you access these third-party sites and content at your own risk.  Snocamp makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible from the Website, Content, or Services.  In addition, the Website, Content, or Services may include certain applications, features, programs and services provided by third parties.  Snocamp does not control third-party sites and makes no guarantee as to the accuracy or completeness of these sites. Snocamp is not responsible or liable in any manner for any third-party sites, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any third party sites

 

Warranties and Disclaimers

Except as expressly provided, the Website, Content, and Services provided on or in connection with the Website are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied.  Snocamp DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SNOCAMP AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (e) THE SITE WILL NOT INCLUDE ANY TYPOGRAPHICAL OR OTHER ERRORS; OR (f) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.  ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Indemnification

You agree to defend, indemnify and hold harmless Snocamp, its affiliated entities, clients, customers, independent contractors, service providers and consultants, and their respective directors, employees, shareholders, members and agents (together, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Website, Content, Services, products purchased from the Website and any User Content you post, store or otherwise transmit on or through the Website, the Services, including without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, or any of them, arising out of or relating to the User Content, your conduct, your use of the products, your violation of these Terms of Use or the Privacy Policy, as each may be amended from time to time, or your violation of any laws, regulations or third party rights. 

 

Limitation of Liability

SNOCAMP AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE WEBSITE, CONTENT, SERVICES, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, EVEN IF SNOCAMP OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SNOCAMP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY TO SNOCAMP IN THE MONTH IMMEDIATELY PRIOR TO THE ACT GIVING RISE TO SUCH LIABILITY.  YOU AGREE THAT SNOCAMP WOULD NOT ENTER INTO THIS TERMS OF SERVICE WITHOUT THESE LIMITATION OF ITS LIABILITY.

 

Termination

You may terminate the Terms at any time by discontinuing your use of the Website or Services and providing Snocamp with a notice of termination. Snocamp reserves the right, without notice and in our sole discretion, to terminate your right to use the Website or Servicesand to block or prevent your future access to and use of the Website, Content, and Services.

 

Applicable Law and Venue

These Terms of Use and your use of the Website and Services, including without limitation, your purchase and/or use of any product, shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and performed entirely within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law, contract or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use, including your purchase and /or use of any product.

 

Severability

If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.

 

Copyright Claims

Snocamp respects copyrights and other intellectual property rights.  If you believe in good faith that your copyrighted work has been reproduced on the Site without your authorization, except as otherwise provided in these Terms, you may notify us by mail or electronic mail at:

Snocamp

PO Box 16287

Seattle WA 98116

support@snocamp.com

If you believe any materials on the Website or other communications infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Products

The inclusion of any products or services does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Website, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).

 

Orders

All prices are shown in U.S. dollars;  taxes, shipping and handling charges are additional.   By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use. You may not order products with the intent to resell them.

We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product. With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Website.

If you complete your purchase and specify shipment to a Canadian or other international address, you agree and acknowledge that you are: (i) authorizing Snocamp to engage a third party carrier on your behalf to manage the shipping and importation of the goods into that location; (ii) authorizing the third party carrier’s customs broker to act as your agent to transport your purchases across the border into that location, clear the merchandise with the applicable border control organization (e.g., Canada Border Services Agency), and process all applicable duties, taxes, and fees on your behalf; and (iii) authorizing Snocamp to collect an additional amount at checkout to cover all of the applicable duties, taxes, and brokerage fees to be incurred on your behalf, and to retain any remaining amounts as an additional fee charged by Snocamp to you for arranging for the importation of your order.

Returns will be accepted consistent with Snocamp’s Return and Exchanges Policy, which may change from time to time.  Acceptance of a return by Snocamp at any time or for any reason, does not constitute a precedent or change to the Returns and Exchanges Policy.